TERMS AND CONDITION OF USE

Welcome to Play on Shakespeare. You have reached the website playonshakespeare.org (the “Site” or “Sites”) that is owned and operated by Play on Shakespeare, (“Play on Shakespeare,” “we,” “our,” or “us”), an Oregon nonprofit Corporation. Please read these terms carefully. By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”). These Terms form a contract between you and Play on Shakespeare, and if you are using the Site or Services on behalf of a company or organization, such company or organization will also be considered a party to these Terms.

Your use of our Site is subject to the additional disclaimers and notices that may appear throughout the Site. Play on Shakespeare and its representatives assume no responsibility for any consequence based on the information, services, or other material on our Site. While we strive to keep the information on this Site accurate, complete, and up to date, Play on Shakespeare and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the Site. If at any time you are not happy with the Site or object to any content within the Site, your sole remedy is to cease using the Site.

From time to time, Play on Shakespeare may decide to modify, add, or delete portions of these Terms and will post those changes here. If Play on Shakespeare does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, Play on Shakespeare reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying, or removing features and functionality of the Services, or updating how our Services are provided. Play on Shakespeare further reserves the right to suspend or terminate the Services for any reason or at any time.

If you are under the age of 13, the Site is not intended for you and you may not use the Site.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS THE WEBSITE OR ANY SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

At Play on Shakespeare, we are committed to privacy and security, and to providing the best possible user experience for our users and online customers. Please view our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Site or the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of Site or the Services, you consent to the collection and use of this information. Our Privacy Policy may provide additional options to opt-out of the sharing of this information depending on the jurisdiction in which you reside.

In order to use the Site, you must obtain access to the Internet and pay any service fees associated with such access. System availability and access to the services and information available on the Site may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure, or software failure. You are responsible for your use of your Internet browser, the Site, and the Services and information provided on the Site. We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.

In connection with the Services, we may provide users with information and newsletters about Shakespeare’s plays, performances, and productions for personal and commercial use, as well as the ability to view and apply for opportunities to Join the Play on Shakespeare team. We grant you access to the Site under the Terms solely to receive the Services and information. These Services and information may be available only in certain jurisdictions and are void where prohibited by law. Your eligibility for any of our Services is subject to our approval and acceptance.

You acknowledge that this Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (“Content”) and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, Play on Shakespeare or its licensors own all Content on this Site including, without limitation, all videos, audio, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are, absent Play on Shakespeare’s written consent, made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content or maintained by Play on Shakespeare, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from this Site. The use of Content from this Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Play on Shakespeare’s prior written approval.

For permission to use Content from this Site or from marketing material authored and distributed by Play on Shakespeare, you must request written permission in advance and provide full attribution. Permission should be requested by contacting info@PlayonShakespeare.org.

Play on Shakespeare reserves the right to refuse service or remove or edit content, in its sole discretion. When you use the Site, you agree, represent and warrant that you will provide us with true, current, complete, and accurate information in connection with your use of the Services. You also represent that you are using the Site for a lawful purpose – you may not use the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. 

You agree not to access the Site by any means other than through a commercially available web browser. You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site or Play on Shakespeare’s systems and equipment. You may not use the Site or the Services in a manner that could block access to, impair, damage, or otherwise disable Play on Shakespeare or any of our servers. You may not attempt to gain unauthorized access to the Site, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer or use of the Site by another user. You will comply with all applicable privacy laws. Any and all materials uploaded are subject to applicable federal, state, and international laws.

Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations

Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Play on Shakespeare should be submitted securely, via a file transfer protocol (FTP), SSH File Transfer Protocol (SFTP), or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, Play on Shakespeare does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the website). Accordingly, if you send Play on Shakespeare any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”), you grant Play on Shakespeare a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Play on Shakespeare any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Play on Shakespeare any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Play on Shakespeare to use Submitted Material as permitted by the license in this Section. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material. We may, but shall not be obligated to, remove, or edit any Submitted Material for any reason.

The Site may contain links to third-party websites that take you outside of the Play on Shakespeare websites and the Services (“Linked Sites”). Such links are provided for your reference only. We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and different privacy policy. You should be sure that you read and agree to those policies.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs, or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

You agree to defend, indemnify, and hold harmless Play on Shakespeare, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates, and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; or (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the Site.

PLAY ON SHAKESPEARE MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. PLAY ON SHAKESPEARE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL PLAY ON SHAKESPEARE (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES, AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF PLAY ON SHAKESPEARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PLAY ON SHAKESPEARE’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES, AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you have a dispute with one or more users of the Site or the Services, you release Play on Shakespeare (and its officers, directors, affiliates, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Play on Shakespeare respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Play on Shakespeare will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Play on Shakespeare will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Play on Shakespeare’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
• Provide your mailing address, telephone number and, if available, email address.
• Include both of the following statements in the body of the Notice:

“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to Play on Shakespeare’s Designated Copyright Agent:

Copyright Agent
Play on Shakespeare
PO Box 955, 
Ashland, OR 97520

While Play on Shakespeare considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use), you may wish to seek the advice of an attorney.

Play on Shakespeare reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Use by discontinuing your use of the Services and access to the Site. Play on Shakespeare also reserves the right, in its sole discretion, to cease providing the Services and this Site at any time.

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.

These Terms of Use will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use will be in the state and federal courts of Los Angeles, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Play on Shakespeare may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use. Nothing in this Agreement constitutes a partnership or joint venture between you and Play on Shakespeare. Play on Shakespeare does not guarantee continuous, uninterrupted, or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. Play on Shakespeare’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and Play on Shakespeare with respect to the subject matter hereof. Sections 3 (re: Use and License/Proprietary Rights); 6 (Submitted Materials); 8 (Indemnification); 9 (Disclaimers); 10 (Limitation of Liabilities); 11 (Release); 14 (Severability); and 15 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

If you have questions about these Terms or the Services, you may contact Play on Shakespeare at info@PlayonShakespeare.org.